Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PRIVACY ACT 1988 - SECT 94H

Requiring the use of COVIDSafe

             (1)  A person commits an offence if the person requires another person to:

                     (a)  download COVIDSafe to a communication device; or

                     (b)  have COVIDSafe in operation on a communication device; or

                     (c)  consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (2)  A person commits an offence if the person:

                     (a)  refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or

                     (b)  takes adverse action (within the meaning of the Fair Work Act 2009 ) against another person; or

                     (c)  refuses to allow another person to enter:

                              (i)  premises that are otherwise accessible to the public; or

                             (ii)  premises that the other person has a right to enter; or

                     (d)  refuses to allow another person to participate in an activity; or

                     (e)  refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or

                      (f)  refuses to provide goods or services to another person, or insists on receiving more monetary consideration for the goods or services;

on the ground that, or on grounds that include the ground that, the other person:

                     (g)  has not downloaded COVIDSafe to a communication device; or

                     (h)  does not have COVIDSafe in operation on a communication device; or

                      (i)  has not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.

Penalty:  Imprisonment for 5 years or 300 penalty units, or both.

             (3)  To avoid doubt:

                     (a)  subsection (2) is a workplace law for the purposes of the Fair Work Act 2009 ; and

                     (b)  the benefit that the other person derives because of an obligation of the person under subsection (2) is a workplace right within the meaning of Part 3-1 of that Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback